Page:United States Statutes at Large Volume 92 Part 1.djvu/359

 PUBLIC LAW 9 5 - 2 9 1 — J U N E 12, 1978 total amount of Federal reimbursement for expenditures of the type specified in the first section of this Act which has been paid to such State prior to the date of enactment of this Act but with respect to which formal steps have been initiated by the Secretary to recover such reimbursement. (b)(1) I n the case of the portion of the unpaid claims of a State that the Secretary determines meets the requirements of subsection (a), except that the claim was asserted, in the form and manner prescribed by the Secretary, on or after April 1, 1977, but prior to the ninety-first day following the date upon which this Act is enacted, the Secretary shall certify to the Secretary of the Treasury for payment to the State, subject to paragraph (2), an amount equal to 15 percent of so much of such portion as he finds to be for the provision of services that he finds the State provided and for which lie has not provided reimbursement, but the expenditures for which were reimbursable under title I, IV - A, VI, X, X IV, or X VI of the Social Security Act prior to April 1, 1977, or, if not services the expenditures for which were reimbursable, are services of a similar kind and are not otherwise reimbursable under this Act. (2) The Secretary may not certify for payment to any State under the authority of this subsection an aggregate amount that exceeds 5 percent of that State's allotment for the fiscal year 1973 of social service funds under titles I, IV - A, X, X IV, and X VI of the Social Security Act, as determined in accordance with section 1130(b) of such Act, less the amount certified for payment to the State under subsection (a) of this section. (3) The Secretary shall have no authority", by regulations or otherwise, to extend the time period specified in paragraph (1) or to waive the time limit for assertion of a claim. SEC. 3. (a) Except with respect to amounts paid by the Secretary to a State p r i o r to April 1, 1977, no State is entitled to reimbursement of expenditures described by the first section of this Act, except as provided by this Act. (b) Xeither the Secretary nor any other official of the Federal Government may seek to recover any amount paid to a State prior to April 1, 1977, or pursuant to this Act, as reimbursement of expenditures made by the State of the type described by the first section of this Act. SEC. 4. (a) The Secretary is authorized to enter into agreements with any State in accordance with the provisions of this Act, and agreements entered into prior to the enactment of this Act, to the extent not inconsistent with the terms hereof, shall have the same force and effect as agreements entered into subsequent to enactment of this Act. (b) I n the absence of an agreement, a State dissatisfied with a determination by the Secretary under this Act may, by application to the Secretary within 60 days after the date of notice to the State of that determination, obtain the Secretary's review of that determination. If the application requests a hearing, the Secretary shall conduct a hearing after reasonable notice to the State, and shall, on the basis of evidence adduced at the hearing, affirm, modify, or reverse his determination. If the Secretary does not preside at the reception of the evidence at the hearing, the decision of the presiding official or body shall be the decision of the Secretary.

92 STAT. 305

42 USC 301, 601, 801 note, 1201 note, 1351 note, 1381.

42 USC 1320b note.

42 USC 1397a note.

Agreements. 42 USC 1397a note.

Notice and hearing.

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